The Rehabilitation of Offenders Act 1974 applies to England, Scotland and Wales, and is aimed at helping people who have been convicted of a criminal offence and who have not re-offended since. Anyone who has been convicted of a criminal offence, and received a sentence of not more than 2.5 years in prison, benefits as a result of the Act, if he or she is not convicted again during a specified period otherwise known as the 'rehabilitation period'. The length of this period depends on the sentence given for the original offence and runs from the date of the conviction. If the person does not re-offend during this rehabilitation period, they become a 'rehabilitated person', and their conviction becomes 'spent'. For example, if a person receives a sentence of imprisonment or detention in a young offenders institute of between 6 months and 2.5 years, the rehabilitation period is 10 years, or 5 years if the individual was under 18 at the time of conviction. For an absolute discharge the rehabilitation period is six months.

The ROA was brought into force to help convicted persons to become rehabilitated. Whilst full of good intentions, it duly falls flat on its face in various areas. A prime example is the area concerning a Schedule 1 offender. A Schedule 1 offender is a person who has committed a crime against a minor, which we nearly always refer to as a sex offender. Under the ROA this is confusing. Take the 15 year old youth ( danny ) who had a playground fight with another 15 year old ( tommy ). Tommy’s parents decided to prosecute Danny. Danny is now a Schedule 1 offender and wants to be playgroup assistant. When his enhanced disclosure is applied for, it portrays him as a Schedule 1 offender and the employer automatically assumes he is a sex offender. ( By using a Disclosure Letter you are able to relate the true circumstances to employers ).

The ROA is currently under government review and we will supply any new information on this site as soon as we receive it.

Please click on the link called BREAKING THE CIRCLE.